Righthaven LLC v. Newman

Filing 13

MOTION to Withdraw as Attorney with Certificate of Service by Anne Pieroni. by Plaintiff Righthaven LLC. Motion ripe 4/6/2011. (Attachments: # 1 Proposed Order Granting Motion to Withdraw)(Pieroni, Anne)

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1 2 3 4 ANNE E. PIERONI, ESQ. Nevada Bar No. 9650 apieroni@righthaven.com 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 Tel.: (702) 527-5900 Fax: (702) 527-5909 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 RIGHTHAVEN LLC, a Nevada limitedliability company, Case No.: 2:10-cv-01762-JCM-PAL 10 MOTION AND PROPOSED ORDER TO WITHDRAW AS COUNSEL OF RECORD WITH CERTIFICATE OF SERVICE Plaintiff, 11 v. 12 13 GARRY NEWMAN, an individual, Defendant. 14 15 16 ANNE E. PIERONI, ESQ. respectfully moves this court for an order permitting 17 Anne Pieroni, Esq. ("Ms. Pieroni"), who has appeared in these proceedings, to withdraw as 18 counsel for Righthaven LLC ("Righthaven"), in the above captioned matter, pursuant to Local 19 Rule IA 10-6, S.C.R 46, and N.R.P.C 1.16 (b)(1) and (7). This Motion is made and based upon 20 21 the Memorandum of Points and Authorities submitted herein, as well as the pleadings and papers on file herein. MEMORANDUM OF POINTS AND AUTHORITIES 22 Ms. Pieroni is no longer employed as counsel at Righthaven. Furthermore, Ms. Pieroni 23 24 was not retained to represent Righthaven as outside counsel, in the above captioned matter, or any other pending case or matter before this Court on behalf of Righthaven. The Local Rule IA 25 10-6 (a) provides that "No attorney may withdraw after appearing in a case except by leave of 26 court after notice served on the affected client and opposing counsel." Righthaven received 27 notice of Ms. Pieroni’s intent to withdraw from this case, and all other Righthaven cases, upon 28 Ms. Pieroni’s final week of employment with Righthaven. 1 1 2 Additionally, all parties in this case will receive notice of this Motion to Withdraw via the CM/ECF system, pursuant to the certificate of service attached herein. Additionally, Local Rule IA 10-6 (e) provides that "no withdrawal... shall be approved if delay of discovery, the trial or 3 4 any hearing in the case would result." Here, no delay of any kind will result from Ms. Pieroni's withdrawal because Righthaven is represented in this matter by outside counsel, Shawn A. 5 Mangano, Esq., who is filing a Notice of Appearance in this matter concurrently herewith, as 6 well as represented by various in-house counsel employed by Righthaven. Ms. Pieroni's 7 withdrawal will not prejudice either party or delay any proceeding in this matter. CONCLUSION 8 9 10 11 12 For the reasons set forth above, Ms. Pieroni respectfully moves this Court to enter an Order approving the withdrawal of Ms. Pieroni as a counsel of record for Righthaven in the above captioned matter. Dated this 6th day of April, 2011. By: /s/ Anne E. Pieroni, Esq. ANNE E. PIERONI, ESQ. Nevada Bar No. 9650 apieroni@righthaven.com 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 Tel.: (702) 527-5900 13 14 15 16 17 IT IS SO ORDERED: 18 19 20 _______________________________ UNITED STATES DISTRICT JUDGE 21 DATED: ______________________ 22 23 24 25 26 27 28 2 CERTIFICATE OF SERVICE 1 2 Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that on this 6th day of April, 2011, I caused a copy of the MOTION AND PROPOSED ORDER TO WITHDRAW 3 4 AS COUNSEL OF RECORD WITH CERTIFICATE OF SERVICE to be served by the Court’s CM/ECF system. 5 6 7 By: /s/ Anne Pieroni 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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